Shri R.Ashwin vs Smt. Kavitha Ravanan
2022 Latest Caselaw 15405 Mad

                                                               1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 15.09.2022

                                                          CORAM :

                                  THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                                    C.S.No. 363 of 2020


                     Shri R.Ashwin                                              ...Plaintiff

                                                               Vs.

                     Smt. Kavitha Ravanan                                      ...Defendant


                    Prayer : Petition filed under Order VII Rule 1 CPC read with Order IV Rule
                    1 of OS Rules, to pass a Judgment and Decree against the defendants;


                              a)     to direct the defendant to pay the plaintiff the sum of
                    Rs.1,35,67,123/- together with subsequent interest at 12% per annum from
                    the date of plaint till the date of realisation;


                              b) awarding costs of the suit;
                                                               ***
                                          For plaintiff : Mr. T.Ravichandran

                                          For defendant: set exparte




https://www.mhc.tn.gov.in/judis
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                                                      ORDER

The defendant's husband Ravanan, who runs a real estate business

claimed that he was the absolute owner of lands near Kamatchi Hospital,

Pallikkaranai in Old S.No. 50/2A 1B, 54/1A (part), 54/1B (Part), 56/2 (part),

54/2 measuring 42.5 cents at Kovilambakkam Village, Sholinganallur Taluk,

Kanchipuram District.

2. The plaintiff sought to purchase the said lands for a total

consideration of Rs.10.50 Crores. The plaintiff had parted with an advance of

Rs.1/- Crore. Evidence for the same is produced in the form of a bank

transfer statement of State Bank of India which had marked as Ex.P-2.

Thereafter, the defendant stated that there were some existing mortgages on

the property which had to be discharged. The defendant actually entered into

an agreement of sale which was markd as Ex.P-3. The plaintiff was insistent

that the entire money due on the mortgage should be paid to the mortgagee.

The husband of the defendant was not agreeable to this. Thereafter, when

refund of the advance amount of Rs.1/- crore was sought, the husband of the

defendant stated that the property was being developed and promised

allotment of two flats. The documents relating to this aspect were marked as

https://www.mhc.tn.gov.in/judis

Exs.P-45 and P-46. However, the registration of the two flats in the name of

the plaintiff was not done and therefore, the plaintiff neither got the land nor

did he get the flats nor did he get the refund of advance amount. It was for

this purpose, he filed the suit seeking recovery of the amount.

3. To substantiate the averments in the plaint, the plaintiff examined as

a witness, PW-1, who was the authorised agent of the plaintiff. It must be

mentioend that the power of attorney was dated 01.08.2008 and was much

prior to the transactions involved in the present suit. Therefore a reasonable

presumption can be drawn that the agent would have direct knowledge about

the transactions mentioned in the suit.

4. The suit summons was issued to the defendant. The learned Master

recorded completion of service on 21.02.2022. The defendant did not appear

before the Court. The defendant was set ex-parte on 25.04.2022. Evidence

as aforesaid had been adduced by the plaintiff.

5. I hold that the plaintiff had made out a case for grant of decree

particularly in view of Ex.P-2, which shows transfer of amount to the account

of the defendant, naturally making her liable to repay the amount.

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6. In view of these facts, the suit is decreed as prayed for with costs.

15.09.2022

Index:Yes/No Web:Yes/No vsg Speaking/Non Speaking Order

1. List of Witnesses Examined on the side of the Plaintiff:-

1. P.W.1 – Mrs. R.Chitra (Plaintiff)

2. List of Exhibits Marked on the side of the Plaintiff:-

1. Ex.P1 is the original power of attorney dated 01.08.2008

2. Ex.P2 is the certified copy of the Pass Book Entry dated 30.06.2017;

3. Ex.P3 is the Original Agreement dated 30.06.2017;

4. Ex.P4 is the printout of the email of allotment of flats dated 26.09.2018;

5. Ex.P5 is the original allotment letter from Sobha for flat No.B-132 is shifted to flat No.B-142 dated 23.01.2020;

6. Ex.P6 is the original allotment letter from Sobha for flat No. A-131 is shifted to flat No.A-141 dated 23.01.2020;

7. Ex.P7 is the printout of the email sent on 15th and 16th June, 2020;

8. Ex.P8 is the affidavit of 65B.

15.09.2022 vsg

https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

Vsg

C.S.No. 363 of 2020

15.09.2022

https://www.mhc.tn.gov.in/judis